Planning and Zoning Commission Meeting

Meeting Agenda

PLANNING & ZONING COMMISSION MEETING
* * Held at the Ballwin Golf Course Clubhouse * *
333 Holloway Road

August 5, 2013 • 7:00 P.M.

Residents of Ballwin are afforded an equal opportunity to participate in the programs and services of the City of Ballwin regardless of race, color, religion, sex, age, disability, familial status, national origin or political affiliation. If one requires an accommodation, please call (636) 227-8580 V or (636) 527-9200 TDD or 1-800-735-2466 (Relay Missouri) no later than 5:00 p.m. on the third business day preceding the hearing. Offices are open between 8:00 a.m. and 5:00 p.m. Monday through Friday.

AGENDA / Briefs

1. Call to Order

2. Approval of Minutes

3. Z 13-05 – Zoning Ordinance Change
Hindo LLC, 14803 Manchester Rd, Ballwin MO 63011
Petitioner: Mr. John T. Henderson, 15531 Manchester Rd, Ballwin MO 63011

(Continued from June 2013 meeting) Mr. Henderson is requesting that the allowed uses specified in the MRD Governing Ordinance (10-43) addressing this site be amended to include an indoor shooting range and retail sales and that the approved site development plan of the 3 lot U-Gas subdivision (approved per ordinance 10-44) be amended to accommodate the new uses on lot 3 of the subdivision. This petition is being submitted with the knowledge and concurrence of Tayco Seven Trails Drive LLC, the present owner of the property.

4. Z 13-09 – Zoning Ordinance Change (Rezoning /Preliminary Development Plan Approval)
Triostone Properties, 855 Westglen Village Drive, Ballwin MO 63021
Petitioner: Mr. Fred Schmidt, 325 N Kirkwood Rd, Suite 210, Kirkwood MO 63122

Triostone Properties, LLC has again amended its original petitions for this approximately 3 acre site. The original request was for R-4 zoning that provided for the development of 10 single family dwelling units on individual lots. That petition was accompanied by a subdivision for the approval of a 10 lot single family subdivision. Those petitions were amended at the July 1, 2013 hearing. The subdivision petition was withdrawn in favor of a condominium development that featured 10 dwelling units in individual buildings. The accompanying subdivision petition was withdrawn since the development proposal was no longer a conventional single family subdivision. The petitioner has now submitted a third development proposal. The condominium petition has been replaced with a duplex development featuring fee simple land ownership. The withdrawn subdivision petition has been put back on the table with an amendment reflecting the zero lot line configurations of the duplexed dwelling units.

5. SUB 13-03 – Subdivision (Westglen Court)
Triostone Properties, 855 Westglen Village Drive, Ballwin MO 63021
Petitioner: Mr. Fred Schmidt, 325 N Kirkwood Rd, Suite 210, Kirkwood MO 63122

In this revised petition the petitioner proposes to develop a 10 lot duplex single family subdivision on an approximately 3 acre tract at 855 Westglen Village Dr. Please read the 1st Amended petition review report for the Z13-09 petition for a more thorough description of the project.

6. September 2013 Meeting

7. Adjournment

Meeting Minutes

RECORD OF PROCEEDINGS
MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING
CITY OF BALLWIN – 333 HOLLOWAY RD
August 5, 2013

The meeting of the Planning and Zoning Commission was called to order by Acting Chairman Frank Karr at 7:00 p.m. Members in attendance were:

PRESENT                                                    ABSENT
Acting Chairman Frank Karr                Chairman Michael Wind
Commissioner Lynn Goetz
Commissioner John Schwent
Commissioner Mike Utt
Commissioner Mark Weaver
Commissioner Chris Wright
Mayor Tim Pogue
Alderman Michael Boland
Assistant City Administrator/City Planner Thomas Aiken
City Engineer Gary Kramer
City Attorney Robert E. Jones

Approval of Minutes

A motion was made by Acting Chairman Karr and seconded by Commissioner Wright to approve the minutes of the July 1, 2013 meeting of the Planning & Zoning Commission as submitted. The motion received unanimous approval from the Commission members present.

Z 13-09 – Zoning Ordinance Change (Rezoning /Preliminary Development Plan Approval)
SUB 13-03 – Subdivision (Westglen Court)
Triostone Properties, 855 Westglen Village Drive, Ballwin MO 63021
Petitioner: Mr. Fred Schmidt, 325 N Kirkwood Rd, Suite 210, Kirkwood MO 63122

Mr. Brad Goss, attorney for the petitioner, addressed the Commission on behalf of Fred Schmidt of Tri-ostone Properties. Mr. Goss requested that the petitions be tabled, as the petitioner’s builder is no longer interested in pursuing the project. Acting Chairman Karr asked Mr. Goss when the petitioner might be resubmitting the plans. Mr. Goss said that he expected that it would be within the next 60 days.

Acting Chairman Karr said that the public hearing would be continued so that those in attendance who had not had a chance to speak previously could do so. Mr. Karr said that at the previous public hearing, there was discussion about the location of the proposed street, which would be behind the first five units. One of the subdivision residents had suggested that the street come into the proposed subdivision through Fox Village Ct.

Alderman Boland asked if this discussion should be postponed until the petition is either amended to re-flect a proposed development plan. Mr. Goss said that the plan before the City is the duplex plan, but he could not offer any assurance as to what form the petition will ultimately take.

Mr. Goss said the petitioner met with the homeowner’s association trustees regarding access through the Westglen townhomes, who said that the result of a vote of the homeowners was 56-1 “no.” Mr. Goss agreed that discussion of the current plan could be a waste of the Commission’s time.

Acting Chairman Karr said that at some point, the developer needs direction. City Attorney Jones asked if the petitions are being withdrawn. Mr. Goss said no, the petitioner is requesting that they be tabled at this time. City Attorney Jones said that there are still matters before the Commission, but he is inclined to agree that discussion may not be a good use of the Commission’s time.

Mr. Richard Guth of 333 Fox Village Ct. addressed the Commission, saying that he was the resident who made the suggestion about the proposed street. He said the comment made by Mr. Goss regarding the meeting where a vote was taken is not accurate. There was no meeting held. The residents attending to-night came prepared to present a petition with 27 resident signatures stating that they are in favor of the proposed street coming off of Fox Village Ct. Mr. Guth said there are 17 residents they have not made contact with yet.

Mayor Pogue said he feels it would be inappropriate for the Commission to give the appearance that it is leading the petitioner to a development plan. Any change to the access route for the site is for the peti-tioner and the surrounding residents to work out.

Acting Chairman Karr asked if anyone wished to speak in opposition to Petitions Z 13-09 and SUB 13-03. No one came forward in either in favor of or opposition to the petitions.

Acting Chairman Karr made a motion to table Petition Z 13-09 and hold the public hearing open until the next Planning & Zoning Commission meeting. Mayor Pogue seconded the motion, which received unan-imous approval from the Commission members present.

Mayor Pogue made a motion to table Petition SUB 13-03 and hold the public hearing open until the next Planning & Zoning Commission meeting. Alderman Boland seconded the motion, which received unan-imous approval from the Commission members present.

Z 13-05 – Zoning Ordinance Change
Hindo LLC, 14803 Manchester Rd, Ballwin MO 63011
Petitioner: Mr. John T. Henderson, 15531 Manchester Rd, Ballwin MO 63011

Mr. Henderson addressed the Commission, stating that he has obtained the required variances from the Board of Adjustment, and addressed the issues of parking, building height and aesthetics.

Alderman Boland asked about the changes to the building. Mr. Henderson said that in order accommo-date the changes the Commission wanted, the petitioner made changes to the building elevation. The building is now two stories to address the issues with the site, and the aesthetics of the building have changed as well.
Mr. Henderson said that the shooting range will be on the lower level, which will be completely under-ground, and will still consist of an all-concrete shell. That should resolve any remaining safety or noise issues.

Alderman Boland asked if this will be a walk-out lower level, and how it will affect the neighboring resi-dents. Mr. Henderson said there is an existing berm, which will be augmented with additional landscap-ing, so most of the building will be obscured from those residences.

Acting Chairman Karr asked what will be located within the building. Mr. Henderson said there will be 20 shooting lanes, two classrooms, a retail area, and offices. There will be an elevator. The space for floor area rental and the 50-yard range have been deleted from the plan.

Mr. Henderson noted that there are a total of 78 parking spaces. City Planner Aiken said the petition re-view report requirement of 85 spaces is due to the classrooms. Alderman Boland asked if the plan will be non-compliant with only 78 spaces. City Planner Aiken said it would be non-compliant with the C-1 dis-trict; however, the petition is to amend the MRD, which allows modifications to the underlying district.

Commissioner Goetz asked Mr. Henderson if he has any feeling of how many people would come to the shooting range with friends. Mr. Henderson said he has no statistical data on that. Through ancillary ex-perience, he knows that about half the people visit the range with friends in the same car. However, they typically also share a shooting lane.

Mr. Henderson stated that the classrooms will be used every Saturday, and two evenings during the week. One classroom will be dedicated to an individualized training regime and will typically be for 2-3 people at a time. The other will hold up to 20 people.

Commissioner Weaver asked if there is a typical “prime time” for the shooting range to be used. Mr. Henderson said that Friday evening through Sunday afternoon are usually the busiest times.

Acting Chairman Karr noted that a loading area has been added to the plans. Mr. Henderson said the redesign of the building made it necessary to add the loading dock. The trash container has been moved to the far eastern side of the parking lot. Acting Chairman Karr asked if the trash enclosure would be constructed of masonry stones or be landscaped. Mr. Henderson said a significant amount of landscaping has been added. It is his intention to use materials similar to what are being used at Wendy’s and U-Gas so that the whole development feels cohesive.

Alderman Boland asked about the use of rear door. Mr. Henderson said it is the level above the shooting lanes and will be used for emergency egress only.

Acting Chairman Karr asked about fencing. Mr. Henderson said there is existing fencing on top of the berm that has significant landscaping around and in front of it. He does not anticipate replacing that fence. He will provide additional landscaping. Acting Chairman Karr asked about the lighting. Mr. Henderson said it will match what is on the adjoining sites.

Acting Chairman Karr asked if anyone wished to speak in opposition to Petition Z 13-05. No one came forward in either in favor of or opposition to the petitions, and Acting Chairman Karr declared the public hearing closed.

Commissioner Utt made a motion to recommend approval of Petition Z 13-05 to the Board of Aldermen. Acting Chairman Karr seconded the motion, which received unanimous approval from the Commission members present.

Other Business

Mayor Pogue announced that Commissioner Sue Theodore has resigned from the Planning & Zoning Commission. At the next Board of Aldermen meeting, Mayor Pogue intends to recommend the appoint-ment of Olivia Pieknik, who has previously served on the Comprehensive Plan Committee and the Board of Adjustment.

City Planner Aiken said the next meeting falls on the Labor Day holiday. There are agenda items for that meeting. Historically, the Planning & Zoning Commission has met the day after the holiday, but the con-cern is whether there will be a quorum. Alderman Boland said that he will be unable to attend the Sep-tember meeting. Commissioner Weaver asked where the meeting will be held. City Planner Aiken said barring any unforeseen circumstances, the meeting will be held back in the board room.

Adjournment

A motion was made by Commissioner Weaver and seconded by Alderman Boland to adjourn the meeting. The motion received unanimous approval, and the meeting was adjourned at 7:35 p.m.

Frank Karr, Acting Chairman
Planning & Zoning Commission